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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Ashok Kumar Gaur, J.
R.R. College of Veterinary and Animal Science – Appellant
Versus
State of Rajasthan and Ors. – Respondents
S.B. Civil Writ Petition No. 6017 of 2020
Decided On : 30-01-2021
NOC - Veterinary College - Veterinary Council of India (Procedure For Recognition and De-Recognition Of Veterinary Colleges And Veterinary Qualifications) Rules, 2017 - Rule 4
Fact of the Case:
The petitioner-College sought a direction to issue NOC in Format-II and permission to conduct teaching of Bachelor of Veterinary Science and Animal Husbandry Degree Course. The State Government had issued NOC to the petitioner-College in the past, but it had lapsed. The petitioner-College claimed to have fulfilled all conditions for running the College and sought NOC in the prescribed format, as per the VCI Rules, 2017.
Finding of the Court:
The Court found that the petitioner-College had not started its College from 2007 till the filing of the petition, and the NOC issued remained a paper formality. The Court noted that the petitioner-College failed to apply for extension of NOC before it lapsed, and the State Government was not obligated to issue NOC in the prescribed format (Form-II) without a fresh application.
Issues: The main issue was the non-issuance of NOC in the prescribed format (Form-II) to the petitioner-College by the State Government, despite the petitioner-College's claim of fulfilling all conditions to run the College.
Ratio Decidendi: The Court held that the petitioner-College's failure to apply for extension of NOC before it lapsed, and the absence of a fresh application for NOC in the prescribed format, precluded the State Government from issuing NOC in the prescribed format (Form-II) without a fresh application.
Final Decision: The writ petition was disposed of, and the petitioner-College was advised to apply afresh for NOC in the prescribed format (Form-II) if it fulfilled the requisite conditions.
ORDER :
Ashok Kumar Gaur, J.
1. This writ petition has been filed by the petitioner-College for seeking a direction to issue requisite No Objection Certificate (hereinafter shall be referred to as 'NOC) in Format-II, as per the provisions contained in the Veterinary Council of India (Procedure For Recognition and De-Recognition Of Veterinary Colleges And Veterinary Qualifications) Rules, 2017 (hereinafter shall be referred to as 'the VCI Rules, 2017'). The petitioner-College further prays to allow them to conduct teaching of Bachelor of Veterinary Science and Animal Husbandry Degree Course in their College. The petitioner-College, in furtherance of above two prayers, has sought permission to conduct requisite process of admission to B.V. Sc and A.H. Degree Course (Session 2020-21) in pursuance of the notification dated 11.05.2020, issued by the Rajasthan University of Veterinary and Animal Sciences, Bikaner for Rajasthan Pre-Veterinary Test (hereinafter shall be referred to as 'the RPVT-2020').
2. The facts, in nutshell, as pleaded in the petition are that the petitioner claims to be a College run by a registered society under the Rajasthan Societies Registration Act, 1958-registered on 30.05.2007. The petitioner-College has pleaded that it was eligible to apply for recognition of Veterinary College, as per the notification dated 19.05.2017, issued by the Ministry of Agriculture and Farmers Welfare (Department of Animal Husbandry, Dairying and Fisheries), Government of India, New Delhi. The petitioner-College has further pleaded that it was eligible for issuance of NOC, as per the provisions contained in Rule 4 of the VCI Rules, 2017, as it had applied before the State Government to issue NOC to run the Veterinary and Animal Science College.
3. The petitioner-College has pleaded that the Department of Animal Husbandry, Government of Rajasthan had issued a letter dated 13.11.2017 with certain directions. The said letter had communicated that the petitioner-College since intended to establish a College, Government of Rajasthan had initially issued NOC dated 03.09.2007 and the said NOC was extended by letter dated 21.02.2014 till 21.02.2016. The letter dated 13.11.2017 further extended the NOC for a period of two years with the condition that the petitioner-College was to start College after completing all the formalities/requirements to run a Veterinary College.
4. The petitioner-College has pleaded that vide letter dated 30.08.2018 they communicated to the Secretary, Department of Animal Husbandry, Dairying and Fisheries, Ministry of Agriculture and Farmers Welfare, New Delhi that the petitioner-College after seeking NOC from the Government of Rajasthan was planning to start R.R. College of Veterinary and Animal Sciences in Deoli, District Tonk. The petitioner-College for recognition of its College also submitted an application in the prescribed Format-I along with all the required documents and also enclosed a Demand Draft amounting to Rs. 1.5 Lakhs drawn in favour of Veterinary Council of India payable at New Delhi.
5. The petitioner-College has further pleaded that the Central Government by letter dated 21.09.2018 informed the petitioner-College that they have not submitted the essentiality certificate from the State Government (Form-III) and consent of affiliation from the University for opening of New Veterinary College (Form-IV).
6. The petitioner-College has pleaded that the State Government issued letter dated 05.04.2019 to the Director, Animal Husbandry Department and Animal Sciences, Bikaner, regarding NOC and essentiality certificate, sought by the petitioner-College in Form-II and Form-III. The petitioner-College has further pleaded that the Department of Animal Husbandry, Government of Rajasthan issued essentiality certificate on 11.06.2019 to the petitioner-College.
7. The petitioner-College has further pleaded that vide letter dated 30.08.2019 the Registrar, Rajasthan University of Veterinary and Animal Sciences, Bikaner
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